2018 Ohio 3524
Ohio Ct. App.2018Background
- Jocquez Ross was charged with multiple crimes, including two counts of capital murder, after two victims (a man and his wife) were killed.
- Ross retained private counsel; that lawyer and his law partner appeared for Ross at various pretrial hearings.
- The State moved to disqualify Ross’s chosen counsel, alleging conflicts: the lawyer previously represented the first victim (2009); the partner represented the first victim up to his death (two years); the partner also had represented the second victim and later the first victim’s mother (a potential witness).
- The trial court held a disqualification hearing, found a serious potential conflict (including imputed firm conflicts), and granted the State’s motion to disqualify Ross’s chosen counsel.
- Ross appealed, arguing the disqualification violated his Sixth Amendment and Ohio constitutional right to counsel of choice because the State did not prove any substantial risk that counsel would be unable to provide competent, diligent representation.
- The appellate court affirmed, concluding the trial court did not abuse its discretion in finding a serious potential conflict under the Ohio Rules of Professional Conduct and applicable precedent.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Ross) | Held |
|---|---|---|---|
| Whether the trial court properly disqualified defendant’s retained counsel of choice for conflict of interest | Counsel and partner’s prior and current client relationships (victims and a potential witness) created an actual or serious potential conflict warranting disqualification | No substantial risk existed; at most a minor risk and no showing counsel would not be competent and diligent | Court affirmed disqualification: serious potential conflict existed (imputed firm conflict; risk of limited representation) |
Key Cases Cited
- Gonzalez-Lopez v. United States, 548 U.S. 140 (right to counsel of choice; wrongful denial is structural error)
- Caplin & Drysdale, Chartered v. United States, 491 U.S. 617 (Sixth Amendment protects retained counsel when defendant can hire a qualified attorney)
- Wheat v. United States, 486 U.S. 153 (trial court may deny counsel of choice for actual or serious potential conflicts)
- State v. Chambliss, 128 Ohio St.3d 507 (pretrial removal of retained counsel is immediately appealable; wrongful denial requires reversal)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse-of-discretion standard)
- Carnegie Cos. v. Summit Properties, Inc., 183 Ohio App.3d 770 (firm conflicts are imputed among associated lawyers)